12/10/2018 – Jurisdiction British Columbia
Part 65 published on 01/03/2019
Court declares use to be in contravention of strata corporation’s by-laws
The strata corporation had a by-law restricting the permitted uses of the units; but the by-law also permitted changes of use with the strata council’s approval. The strata council had granted the owner approval to sell ginseng products.
The Court held that the actual uses (by the tenant of the particular unit) went beyond the approval given by the strata council, and accordingly were not permitted by the by-law. The Court held that the strata corporation, in enforcing the by-law, had not acted significantly unfairly.
The Owners, Strata Plan LMS 1590 v Yip, 2018 BCSC 2185